- Introduction
- What Constitutes Illegal Stay? Basic Definitions
- Why Does Illegal Immigration Persist? Five Key Factors
- “Detection is Inevitable”—So Why Continue Overstaying?
- Risks for Employers: Understanding the Crime of Facilitating Illegal Employment
- For Foreign Residents: Early Consultation is Key
- Correct Knowledge of Residence Status: Major Work Visas
- Support Provided by Administrative Scriveners
- Conclusion: “I Didn’t Know” is No Longer Acceptable
Introduction
On July 17, 2026, six Vietnamese nationals were arrested in Hamamatsu City, Shizuoka Prefecture, for illegal overstay spanning up to nine years. This news raises an important question: “Why do people continue to overstay when they know they will eventually be discovered?”
As an administrative scrivener (gyoseishoshi) with extensive experience in visa applications and residence status matters, I will examine the underlying factors of this issue, outline preventive measures for employers, and provide essential information for foreign residents in Japan.
What Constitutes Illegal Stay? Basic Definitions
Illegal stay, formally termed “illegal overstay,” refers to remaining in Japan in violation of the Immigration Control and Refugee Recognition Act.
Specifically, this includes:
- Remaining in Japan beyond the permitted period of stay (overstay)
- Engaging in activities outside the scope of the authorized residence status
- Obtaining residence status through false application
The Shizuoka case, involving overstays of up to nine years, is not an isolated incident. Similar cases occur throughout Japan.
Why Does Illegal Immigration Persist? Five Key Factors
1. Economic Pressure and Family Remittances
The primary reason many individuals overstay is economic necessity. They face urgent circumstances—supporting families back home or repaying debts—that make income from Japan essential.
Once someone becomes an overstayer, fear of deportation and re-entry bans prevents them from voluntarily coming forward. They fall into a psychological trap: “I have no choice but to keep hiding.”
2. Limited Understanding of Complex Immigration Systems
Japan’s residence status system is highly complex, comprising 29 different categories, each with detailed requirements and procedures.
For foreign nationals—especially those with limited Japanese language proficiency—accurately understanding the system and completing renewal procedures at appropriate times is extremely challenging. Access to reliable information itself becomes a barrier.
3. Misinformation and Optimistic Assumptions
Many individuals fall victim to false information: “It’s fine as long as you don’t get caught” or “My friends are doing the same thing.”
Inaccurate information circulating through social media and community networks contributes to poor decision-making.
4. Social Isolation and Absence of Support
Language barriers and cultural differences leave many uncertain about where to turn for help. This isolation exacerbates problems.
Once illegal status develops, fear of arrest upon seeking help deepens isolation further.
5. Employer-Side Issues: Demand for Undocumented Workers
Unfortunately, some businesses and individuals employ undocumented workers as low-wage labor. This demand contributes to perpetuating illegal immigration.
“Detection is Inevitable”—So Why Continue Overstaying?
In modern Japan, residence card verification is required for the My Number system, resident registration, health insurance, bank account opening, and countless other situations. The notion of “staying hidden indefinitely” is an illusion.
Yet the psychological mechanisms that lead people to continue overstaying include:
Cognitive Bias: “It Won’t Happen to Me”
The psychological phenomenon of “optimism bias” leads individuals to think, “Others might get caught, but I’ll be fine.”
Sunk Cost Effect: “I’ve Come This Far”
After years of illegal stay, people reason, “Coming forward now will only result in severe punishment,” and continue the violation.
Short-Term Focus and Underestimation of Long-Term Risks
Immediate needs—daily living expenses and income—take priority over future risks such as deportation and re-entry bans.
Risks for Employers: Understanding the Crime of Facilitating Illegal Employment
For companies employing foreign nationals, managing employees’ residence status is a legal obligation.
Penalties for Facilitating Illegal Employment
Under Article 73-2 of the Immigration Control Act, employers who facilitate illegal employment face:
- Imprisonment of up to three years or a fine of up to 3 million yen
- Both penalties may be imposed concurrently
“I didn’t know” is not a valid defense. Failure to verify residence cards at hiring or overlooking expired permits constitutes negligence that can result in prosecution.
Five Essential Measures for Employers
- Thorough Verification at Hiring
- Verify original residence card
- Confirm authenticity via Immigration Services Agency website
- Verify work authorization for the specific residence status
- Establish Residence Period Management System
- Centralized management of all foreign employees’ residence periods
- Alert system set for three months before expiration
- Support Structure for Renewal Procedures
- Guidance on required documentation
- Access to specialists (administrative scriveners)
- Regular Training and Information Sharing
- Immigration system training for HR personnel
- Information sessions for foreign employees
- Create Accessible Consultation Environment
- Multilingual consultation services
- Strict confidentiality protocols
For Foreign Residents: Early Consultation is Key
If you have any concerns about your residence status, consult a specialist before the problem escalates.
Cases Resolvable Through Early Consultation
- Residence period is expiring or has recently expired
- Changed jobs but uncertain about need for status change
- International student who exceeded permitted work hours
- Residence renewal application was denied
Even in these situations, appropriate early action opens pathways to resolution.
Benefits of Voluntary Reporting
Even after becoming undocumented, voluntary reporting can result in:
- Lighter penalties through mitigating circumstances
- Possibility of special permission to stay
- Preservation of future re-entry options
Conversely, evading authorities until arrest typically results in harsher penalties.
Correct Knowledge of Residence Status: Major Work Visas
To work legally in Japan, you must obtain appropriate work-authorized residence status.
Main Work-Authorized Residence Statuses
- Engineer/Specialist in Humanities/International Services
- Engineers, interpreters, designers, etc.
- Skilled Labor
- Foreign cuisine chefs, construction specialists, etc.
- Specified Skilled Worker
- 14 sectors including nursing care, construction, agriculture
- Technical Intern Training
- Technology transfer program
- Student
- Part-time work permitted up to 28 hours/week with permission for activities outside designated status
How to Check Your Residence Period
The “Period of Stay Expiration Date” is printed on the front of your residence card. You must apply for renewal before this date.
Renewal applications can be submitted from three months before expiration. Allow ample time for preparation.
Support Provided by Administrative Scriveners
We administrative scriveners offer the following residence status support services:
Individual Services
- Certificate of Eligibility applications (for inviting from overseas)
- Residence period extension applications
- Residence status change applications
- Permanent residence applications
- Naturalization application support
- Special permission to stay consultations
Corporate Services
- Foreign employment compliance audits
- Residence status management system development
- Hiring verification support
- Employee information sessions
- Ongoing support through advisory contracts
Conclusion: “I Didn’t Know” is No Longer Acceptable
Illegal immigration severely impacts individuals, families, and employers alike.
The idea that “it’s fine as long as you don’t get caught” is untenable in our increasingly digitized society. The damage upon discovery is immeasurable.
HR personnel should recognize residence status management as a business risk and establish appropriate systems.
Foreign residents should consult specialists at the first sign of concern. When problems are small, solutions always exist.
We administrative scriveners support the realization of legal and secure residence and employment environments. Please feel free to contact us.
Reference: https://news.yahoo.co.jp/articles/34aadd0eeda1224c3514a081e3e00b35e17423e7
